Top 10 FAQs About Houston Industrial Fall Accident Attorneys.
In 2020, the Bureau of Labor reported an estimated 2.7 million non-fatal workplace injuries in the private sector. Industrial workers are at the highest risk of sustaining workplace injuries due to the environment and nature of their work.
If you’re suffering from an industrial fall accident, hiring an industrial fall accident attorney is likely in your best interest. The Morgan Legal Group has years of experience representing clients like you here in Houston.
We begin all of our cases with free case consultations, and there are specific questions that we hear again and again. To make matters more accessible, we’re answering the most frequently asked questions about industrial fall accidents, when to hire an attorney and the overall legal process.
Read on to get the answers to the top FAQs from experienced industrial injury attorneys.
- What Constitutes an Industrial Fall Accident?
Industrial fall accidents fall under two umbrellas. The first is personal injury law, and the second is workplace injury law, and both entail that you are entitled to compensation.
An industrial fall accident occurs when an employee trip, slips or is knocked over at work. It becomes a legal issue if negligence caused the employee to fall and when the fall caused a notable injury. An industrial fall claim aims to secure compensation for any expenses or damages related to the injury.
Other common industrial accidents include burn injuries, shockwave injuries, and toxic chemicals. Industrial fall accidents may not seem as severe as toxic chemical exposure. Still, an industrial fall can cause many injuries and disabilities, including head injuries, spinal cord damage, and broken bones.
- How Do I Prove That Negligence Caused My Fall?
Proving negligence is what complicates most personal injury claims. Not only is it difficult to reconstruct the scene of an accident convincingly, but it is also challenging to establish that the source of your fall (i.e., an improperly handled spill or improperly stored equipment) stemmed from someone else’s negligence.
The best thing you can do is file an immediate incident report and document the scene of the accident. Ask anyone who witnessed the fall if they’d be willing to testify. Hire an industrial injury attorney familiar with industrial accident claim proceedings and access expert witnesses to help substantiate your claims.
- What If the Accident Was Partially My Fault?
Many accidents are complex and involve the negligent behaviors of more than one person. For example, a coworker not given proper safety training may leave electrical cords on the warehouse floor where they don’t belong. However, you might have noticed them and stepped over them had you not looked at your phone at the time.
In Texas, you’re dealing with something called proportionate responsibility. During the process of your claim, your attorney and the defense will try to establish who was responsible for your injury in terms of percentages. Using the above example, you may be found 25% responsible for your injury due to your own negligence.
If proportionate responsibility comes into play, you will receive reduced compensation based on your responsibility for the accident. If you are found more than 50% responsible for the accident, you may receive no compensation at all. The defense will know this and do their best to establish you as the responsible party, but your experienced attorney will counteract this version of events.
- How Long Do I Have to File an Industrial Fall Accident Claim?
In every state, you’re up against the statute of limitations, which refers to the time you have to file a claim or lawsuit before it is no longer considered valid.
In Texas, you have two years to file an industrial fall claim, and the clock starts ticking when the accident occurs.
- What If My Employer Is Offering Worker’s Compensation?
Employees who sustain an injury at work are often entitled to worker’s compensation. If it’s clear that your injury was preventable and that it wasn’t your fault, your employer will likely offer worker’s compensation without much arm twisting. Should you accept it and move on?
We always recommend consulting an attorney before accepting the first worker’s compensation settlement your employer offers. You may not realize that you are receiving a lowball offer without an expert opinion. Plus, many injured employees sustain long-term injuries or disabilities, and workers’ compensation may not cover all your related expenses.
- What Damages Will an Industrial Fall Accident Attorney Seek Coverage For?
Unfortunately, most Houston workers do not have enough savings to support them through a six-month emergency, much less a years-long disability. Many of our clients initially assume they can only receive compensation for medical bills after sustaining an injury at work. The truth is that by working with an experienced attorney, you can fight for compensation for:
- lost income
- household expenses
- personal property damage
- lifestyle alterations
- psychological and emotional damages
Before your injury, you could count on your typical wages and a lack of medical debt to sustain your life and the life of your dependents. Now, you’re facing an undue financial burden that an industrial fall accident attorney will seek to mitigate.
- Can I Get Fired for Filing an Industrial Fall Accident Claim?
Many of our potential clients worry that they’ll risk their jobs by filing for worker’s compensation or an additional personal injury claim. Can your employer fire you for seeking financial compensation for a workplace injury?
So long as your case is sound, it is not legally permissible to fire you for seeking financial justice from your employer. You can put additional provisions in place during the legal process, such as filing for FMLA leave. Your attorney will help you to navigate the process and protect your employment status while you fight for the compensation you deserve.
- How Do I Prove That I’m Left With a Long-Term Disability?
Compensation for accident-related medical bills doesn’t stop with the most recent bill you’ve received. You can and should also fight for compensation for future medical bills. For example, if your injury will require multiple surgeries in the future, this should be accounted for in your claim.
How can you establish that you will need future medical care and that the accident left you with a long-term injury or disability? You will need to work with medical professionals willing to go on record with the prognosis they have reached about your condition. This is yet another process that an experienced attorney can guide you through.
- How Long Will It Take to Get My Compensation?
The financial burden may set in quickly in the aftermath of an industrial fall accident. For example, you may require immediate medical care such as surgery or physical therapy. Plus, you will still have your typical cost of living to account for at a time when your income is interrupted. It’s only natural that you and other clients in a similar situation want to know how long the industrial fall accident claim process takes.
The truth is that each claim is unique, and there is no one-size-fits-all answer. It can take many months to reach a settlement that will account for all of the damages in question. The key is to hire an attorney you trust and take their advice to keep pushing when the defense offers a quick but low settlement.
- Why Should I Hire You?
You’re considering filing your industrial fall claim with the Morgan Legal Group. Why should you pick us over other Houston attorneys?
We have years of experience representing clients just like you. We understand Houston’s personal injury laws, worker’s compensation regulations, and more. When it comes to helping the injured to obtain financial justice, we are relentless.
Find out more about us and see what previous clients have to say about Clinton Morgan’s ability to fight for each of his clients.
We’re Here to Represent Houston Industrial Workers
If you’ve recently suffered from an industrial fall accident in Houston, you have a tough choice. Who will you hire to represent you in your pursuit of financial justice?
Contact us today to learn more about how the Morgan Legal Group would handle your case. We’ll start with a free case consultation so that we can learn about the facts of your case and you can learn about our successful approach. We look forward to helping you navigate this difficult situation.